CESIF

September 2023 Analysis: Gender, Social Inclusion and Human Rights

by CESIF Nepal
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Events of the past month has demonstrated that significant progress has been made in transitional justice, and addressing communal dispute. However, there are underlying challenges that requires attention, and there remains the added fear of politicization of the matters. The government has taken proactive measures to end communal disputes and has mobilized religious leaders to push the agenda of communal harmony. As for the transitional justice, the Prime Minister has pledged to complete the process and take it forward as his major political agenda. While promises remain rosy, the impact is yet to be seen. Lastly, rape accused cricketer Sandeep Lamichhane’s hearing has been delayed once again amidst criticisms.
 

Timeline of Major Events

Date Events
10th September The District Administration Office in Sarlahi, Madhesh Province, imposed a curfew in Malangwa.
22nd September PM Dahal addresses the UNGA and pledges to complete the transitional justice process to the world communities. 
25th September Religious leaders issue a joint appeal to preserve religious harmony within the nation.
 

Religious Fundamentalism Persistent in Terai

On September 8, a violent clash erupted between two communities in Sarlahi while returning from a Krishnajanmashtami idol immersion ceremony. The District Administration Office in Sarlahi then imposed a two-day curfew in Malangwa, the district headquarters. The clash spread to other parts of the Terai region, including Nepalgunj, where a curfew was also imposed following a protest rally by a community over a social media post. The curfew in Malangwa intermittently continued throughout the month of September.

The incident sparked a continued religious disharmony in Terai-Madhes throughout the month of September. Sabotage and strikes continued to occur in the region in regards to religious matters. Attacks have ensued between persons of Muslim and the Hindu community, causing widespread distress.

Following his commitment, the Home Minister organized a meeting on September 25, bringing together leaders from various religious organizations. This meeting led to a joint appeal by these religious leaders, united in their goal to maintain religious harmony within the country.

In this collective appeal, the religious leaders earnestly urge individuals to avoid engaging in activities that go against both the constitution and the law. They stress the significance of promoting harmony across religious, social, and cultural aspects. The unified stance of these religious leaders firmly discourages actions carried out in the name of religion or community that cross into unconstitutional and illegal realms.

This collective appeal from religious leaders, together with the Home Ministry, carries a powerful message, offering hope for a more tolerant Nepal. Nevertheless, the politicization of communal issues is a recurring challenge in Nepal, and it has the potential to escalate violence further. Hopefully the government takes such proactive steps to manage these matters before they escalate into more violent conflicts.
 

Transitional Justice Promised

Transitional Justice took center stage in Prime Minister Dahal's address to the United Nations General Assembly in New York last month. During his speech, Prime Minister Dahal made a commitment to complete the remaining work on transitional justice during his tenure and prioritize it as a central political agenda. He also underscored that the Amendment Bill on Transitional Justice had been submitted to the Federal Parliament, emphasizing a victim-centered approach and the recognition of compensation as a fundamental right for victims.

Speaking at an event in September, international human rights experts emphasize that there is no universal template for the transitional justice process. Instead, each country must adhere to specific international standards recommended by these experts. Victims of the decade-long Maoist insurgency, alongside human rights defenders and national and international human rights organizations, have called for several revisions to the bill. They argue that the current bill appears to shield perpetrators from prosecution, raising concerns about its effectiveness.

It’s been more than seventeen years since the then Maoist Party signed a Comprehensive Peace Accord promising transitional justice for the victims of 10-year conflict. However, the peace and reconciliation process are nowhere near completion. While the ruling coalition is looking foward to complete the transitional justice process, there remains contentions regarding amnesty and on manners to deal with war crimes. On the other hand, opposition leader K.P. Sharma Oli and his party have time and again used the failure of transitional justice to gain leverage as needed. Thus, there has occurred politicization of the peace process in the past, and it may occur again in different manners. Transitional Justice is bound to invite criticisms, as was also noticed in the case of South Africa; question remains if PM Dahal will be able to complete the peace process as promised while keeping his position intact.

Court Postpones Hearing of the Rape Accused Lamichhane

The hearing on the rape case against the accused cricketer Sandeep Lamichhane has been postponed again due to a lack of available judges. The Judicial Council recently reshuffled judges, and the designated judges for the case are unavailable as a result. A new date for the hearing has not been set.

Activists have been calling for a fairer trial for cricketer Lamichhane, who has been allowed to travel abroad and play for the national team while his case is still ongoing. Critics say that this is unjustified, as they believe that his hearing has been deliberately postponed so that he can play for the team. Lamichhane is credited with helping Nepal improve its cricket performance on the international stage. However, he is still a suspect, and the constant delay of his hearing suggests that the judiciary and state institutions are favoring a suspected criminal.
 
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CESIF Nepal

CESIF Nepal